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CDM - A Brief History

The Government was becoming increasingly concerned in the 1980's and early 1990's at the number of construction deaths which was disproportionate to other industries.  It commissioned Sir Michael Latham to compile a report into the issues that faced construction workers.  His report of 1994 entitled 'Constructing the Team' highlighted, amongst other things, that through teamwork and management of Health & Safety many deaths could be avoided.

The Construction Design and Management Regulations 1994 (and recent 2007 amendments) is a response to that document and places a formal responsibility for Health & Safety on team players in a construction project.  The 'Team', as defined by Sir Michael Latham in his report, is anyone in a position to make decision or influence the outcome of the project.  This typically includes the Client, Designer, Project Manager, Structural Engineer, Contractor, Electrical / Mechanical consultants and other consultants who contribute to the outcome of the project.

Does CDM Apply?

Domestic construction projects are not covered by the Regulations although contractors still have their own duty in respect of Health & Safety.

Commerical projects, i.e. projects being carried out for profit or commercial reasons (Landlords) will fall under the Regulations if

Duration > 30 days or 500 man days.

Can CDM be ignored?

It is a criminal offence (on a project that falls under the Regulations) for team players to undertake design and other duties without compliance with the Regulations.  NOTE: Ignorance is no defence.

The Regulations do allow some design work to be conducted i.e. feasibilities and outline design work without applying the Regulations however as soon as the decision has been taken to commit to the project and it falls under the Regulations then legal duties are placed on the members of the Team.

Key Duties

Client                     
  • Appoint CDM-Coordinator (CDM-C) - It is recommended that this appointment is made as soon as possible.
  • Appoint a Principal Contractor.
  • Must ensure that team members appointed are competent.
  • Provide CDM-C and Designers with appropriate pre-construction information (asbestos survey report etc.)
  • Ensure that a Health & Safety File exists for the property.
  • Ensure that adequate welfare facilities are available to the Contractor on site before permitting the project to start.
  • Ensure that a Construction Phase Health & Safety Plan is in place prior to commencement on site.

Designer                
  • Ensure that a CDM-C has been appointed.
  • Eliminate risks from the design where possible, make others aware of any remaining risks.
  • Consider the life of the building and accommodate measures for maintenance, access in the future.

CDM-C                    
  • Ensure that the HSE have been notified about the project.
  • Produce the Pre-Construction Information Pack for issue to tendering contractors.
  • Produce or update (where there is an existing document) the Health & Safety File.
  • Support the Client to help him comply with their duties.

Principal Contractor  
  • Plan and manage the construction phase in consultation with other contractors on the project.
  • Ensure that a Construction Phase Health & Safety Plan is compiled.
  • Collate and issue information to the CDM-C for the Health & Safety File.
  • Make sure suitable welfare facilities are provided.
  • Make sure all contractor personnel have had a suitable induction.

Please note that the above does not constitute all responsibilities and is only a selection of the key duties.  We have focused on the Client predominantly as it is the Client who ultimately makes the key decisions in respect of the project and it's outcome.

It is essential that team members are familiar with their responsibilities.  Should you wish to discuss any of this further please do not hesitate to contact us.

We are members of the Association for Project Safety which can provide additional information should you require.

Further information is available from the HSE

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